Should Parents of Rapists and Murderers Be Considered Partly Culpable for Their Crimes?

According to the statistics provided by the Indian government, the country saw 31,677 rape cases in 2021, or about 86 per day.

A lawmaker from Madhya Pradesh, a state in central India, has recently suggested that parents of rapists and murderers should also be punished for their crimes, alleging that they have not been responsible enough in raising their children with "good character."

In a public statement, politician Akash Vijayvargiya suggested that a punishment of up to 2-3 years in prison should be issued to parents if their child commits murder or rape.

Sputnik spoke with an Indian lawyer and a noted social activist; neither endorsed Vijayvargiya's idea.

"There is no principal or concept of vicarious liability in criminal law. The law is individual-specific, even in a crime that involves a conspiracy, the individual's role is seen and the person is given punishment as per their involvement. For example, in a murder case, if four individuals are involved in planning to kill a man as per their role and punishment for everyone may vary," advocate Amit Dwivedi told Sputnik.

Dwivedi said that it's ridiculous to say parents should be punished, not just in India but anywhere. She believes no parent would suggest that their child commit such a crime.

Meanwhile, women's rights activist Ranjana Kumari, Director of the Center for Social Research, who has worked extensively with rape victims, also disagreed with Vijayvargiya's proposal.

"Parents are already mentally going through the trauma of the child's doing. As the identity of the accused (above 18 years) is already revealed to society, we have often seen accused parents are cut off from society and go through depression and anxiety," Kumari added.

How are Convicted Rapists and Murderers Punished in India?

Under section 376 of the Indian Penal Code, convicted rapists face a minimum sentence of seven years in prison and can be handed a life sentence, and face a fine.

In rare cases, the accused can be sentenced to death.

Murderers, on the other hand, are commonly sentenced to life in prison. However, if one kills in self-defense, the punishment is minimal or the accused may be set free.

India's federal National Crime Records Bureau (NCRB), which operates under the home ministry, listed reasons people commit murder; common cited reasons include: dispute, personal vendetta or enmity, dowry, witchcraft, love affairs/illicit relationships, and communal or religious reasons. When a murder is committed for no reason, it is called a 'blind murder'.